Federal Register - December 1, 2021
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Fuente: Federal Register
lotter on DSK11XQN23PROD with PROPOSALS1
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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules
comment on the procedures to be used for Auction 112, an auction of construction permits for full power television FPTV stations. OEA and MB
expect the bidding for Auction 112 to commence in June 2022.
DATES: Comments are due on or before December 13, 2021, and reply comments are due on or before December 23, 2021.
Bidding in this auction is expected to commence in June 2022.
ADDRESSES: Interested parties may file comments or reply comments in AU
Docket No. 21449. Comments may be filed using the Commissions Electronic Comment Filing System ECFS All filings in response to the Public Notice must refer to AU Docket No. 21449.
Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS at https
www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.
Filings in response to the Public Notice can be sent by commercial courier or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.
Commercial deliveries other than U.S. Postal Service Express Mail and Priority Mail must be sent to 9050
Junction Dr., Annapolis Junction, MD
20701.
U.S. Postal Service first-class, Express, or Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.
Until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID
19.
Email: Commenters are asked to also submit a copy of their comments and reply comments electronically to the following address: auction112@
fcc.gov.
People with Disabilities: To request materials in accessible formats braille, large print, electronic files, audio format for people with disabilities, send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202 4180530 voice, 202
4180432 TTY.
FOR FURTHER INFORMATION CONTACT:
Auction legal questions: Mary Lovejoy, 202 4180660, Mary.Lovejoy@
fcc.gov, Andrew McArdell, 202 418
0660, Andrew.McArdell@fcc.gov.
General auction questions: Auction Hotline at 717 3382868.
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Full power television station service questions: Shaun Maher legal, 202
4182324, Shaun.Maher@fcc.gov, or Kevin Harding technical questions, 202 4187077, Kevin.Harding@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice Auction 112 Comment Public Notice, AU
Docket No. 21449, DA 211444, released on November 19, 2021. The Auction 112 Comment Public Notice includes the following attachments:
Attachment A, Construction Permits in Auction 112. The complete text of the Auction 112 Comment Public Notice, including its attachment, is available on the Commissions website at http
www.fcc.gov/auction/112 or by using the search function for AU Docket No.
21449 on the Commissions ECFS web page at www.fcc.gov/ecfs. Alternative formats are available to persons with disabilities by sending an email to FCC504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at 202 4180530 voice, 202
4180432 TTY.
I. Introduction 1. By the Auction 112 Comment Public Notice, the Office of Economics and Analytics OEA and the Media Bureau MB of the Federal Communications Commission Commission seek comment on the procedures to be used for Auction 112, an auction of construction permits for full power television FPTV stations.
OEA and MB expect the bidding for Auction 112 to commence in June 2022.
II. Construction Permits To Be Offered in Auction 112
2. Auction 112 will offer 27
construction permits for FPTV stations.
The permits that will be available in Auction 112 are listed in Attachment A
to the Auction 112 Comment Public Notice.
3. The permits that will be available in Auction 112 are for channel allotments contained in the Table of Television Allotments TV Table and assigned at the indicated communities for which there currently is not a licensee. Each permit awarded will be for one of the allotted-but-unlicensed channels currently contained in the TV
Table.
III. Implementation of Part 1 and Part 73 Competitive Bidding Rules and Requirements 4. Consistent with the provisions of section 309j3Ei of the Communications Act of 1934 the Act, and to ensure that potential bidders have adequate time to familiarize themselves with the specific rules that
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will govern the day-to-day conduct of an auction, OEA and MB seek comment on a variety of auction-specific procedures relating to the conduct of Auction 112.
5. The Commissions part 1 and part 73 competitive bidding rules require each applicant seeking to bid to acquire a construction permit in a broadcast auction to provide certain information in a short-form application FCC Form 175, including ownership details and numerous certifications. The competitive bidding rules in part 1, subpart Q, and part 73 also contain a framework for the implementation of a competitive bidding design, application and certification procedures, reporting requirements, and the prohibition of certain communications.
A. Certification of Notice of Auction 112
Requirements and Procedures 6. OEA and MB propose to require any party seeking to participate in Auction 112 to certify in its short-form application, under penalty of perjury, that it has read the public notice adopting procedures for the auction and that it has familiarized itself both with the auction procedures and with the requirements for obtaining a construction permit for an FPTV station.
OEA and MB believe that this requirement, which was also recently implemented in Auction 110, would help ensure that the applicant has reviewed the procedures for participation in the auction process and has investigated and evaluated those technical and marketplace factors that may have a bearing on its potential use of any permits won at auction.
Consequently, OEA and MB believe this requirement would promote an applicants successful participation and minimize its risk of defaulting on its auction obligations. As with other certifications required under 47 CFR
1.2105, an auction applicants failure to make the required certification in its short-form application by the applicable filing deadline would render its application unacceptable for filing, and its application would be dismissed with prejudice. OEA and MB seek comment on this proposal. Are there alternative procedures that could be implemented that would better ensure that an applicant has thoroughly reviewed the auctions procedures and considered all relevant factors that may affect its participation in the auction and use of any permits for which it is the winning bidder?
B. Information Procedures During the Auction Process 7. OEA and MB propose to limit information available in Auction 112 to
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